Due to REO properties and Short-Sales glutting the inventory, lowering values and driving the market, there are certain things that your buyer’s agent and yourself need to know. While the following suggestions refer primarily to bank owned (REO) transactions, these tips can be beneficial in short sales as well.
1) LOGIC TRUMPS EMOTIONS
As far as lenders are concerned, the sale of an REO property is all about making a rational decision based on the almighty dollar…making money! Know that these transactions NEVER involve emotions, as can be the case in a traditional transaction between buyer and homeowner.
In a REO transaction, the lenders hire an asset manger to do one thing and one thing only: minimize the lender’s losses by getting as money as possible for each and every property. The truly don’t care about how much the buyer loves or wants the property. In fact, should your agent indicate to the the listing agent or asset manager their feelings, it would likely hurt than help the negotiating positon.
2) YOUR AGENT MUST KNOW THE PLAYERS & THEIR RULES
There are added levels of complexity that demand adherence to the procedure. Certain steps specific to the lender, the asset manager, the municipality and other parties have to be completed in order dictated and in the manner required. Following are examples;
a) When a listing states “no half-price offers” it simply means that. “No half-price offers” Just because the property has been foreclosed does not mean that the seller will entertain just ANY offer. A buyer and his/her agent need to understand this.
b) In some cases the lender will require the buyer to provide an earnest money deposit in the form of a “certified check”. When this happens, just do it! It’s a requirement and should not be questioned.
c) If your buyer’s agent is told that the asset manager needs the written bid to be presented in a specific standard form, that form needs to be used. No questions!
d) When it comes to closing on a property, please know that in almost all instances sellers want to use a title company of their choice. By running everything through one title company already familiar with the seller’s contracts helps to cut costs and minimize mistakes.
e) For the most part the banks rule. For example, once agreements are in place it’s important for the home buyer to honor the seller’s closing date. If not, the home buyer may be placed in a per diem situation. This means that the seller charges a daily penalty, which will be disclosed in the contract, until the sale closes. If the home buyer cannot make the bank’s requested closing date then the buyer’s agent should try to get an extension. If not then the seller could hold the buyer’s funds for nonperformance. Be sure to pay attention to the closing date. In a way, lenders, asset managers and listing agents make it easier because they tell you exactly what is needed. As a buyer, you only need to provide it.
3) HOME BUYER’S MUST HAVE PROOF OF FINANCING
This by far is one of the most important rules. Seller’s will not give a buyer the time of day without proof they can sit at the closing table holding secured funds. Following is what the seller’s in REOs and short sales consider secured funds…
* Home buyer’s need to have current pre-approval for a mortgage for the sale price, which means not more than thirty days old.
* If the home buyer is paying cash for the property, then verification of funds from their financial institution holding those funds is required in writing.
* As a home buyer purchasing a derelict property, you will need approval for a 203K rehabilitation mortgage. Again, no older than thirty days.
* As an investor conducting business through a company you will need to provide the company’s articles of incorporation.
4) SWITCHING THE COURSE IS RISKY
Please know that the terms stated in the purchase contract is what drives the seller’s decision. If you were to change any of those terms is would be risky. For example, let’s say that you originally planned to pay cash for the purchase, the seller is accepting your offer based on that. Switching to a mortgage could negate the entire offer because technically this creates a breach of contract and the seller is entitled to walk. Cash MEANS cash. If as a buyer you know that your purchasing position may change, be up front and notify your agent as soon as possible so that he/she can notify the seller. The seller may not be happy about it, but being forthright may reduce the likelihood that the transaction will blow up completely.
5) ARE THERE ANY EXCEPTIONS TO THE RULES?
Even though REOs and short sales are nontraditional transactions based on very specific and unique rules, it is also true that there are occasional exceptions to their rules. Don’t ever say NEVER! As an example…if a property is offered in an as/is condition, it is possible that the seller may agree to make repairs, but it could also come at a price.
6) TODAY’S LESSONS EQUAL FUTURE BENEFITS
Even though real estate of continue to be conducted in the traditional way, it’s important to understand what is being called the “new normal”. Until the local markets across the country stabilize understanding them is essential for everyone involved in today’s real estate industry and the home buyer’s as well. If your agent were not to provide an understanding and investigate these properties for you, it would be a disservice.
Florida Homes Realty Professional Group’s agents have gained the knowledge and experience needed to help you find a foreclosure or short sale. Unfortunately, distressed properties are always going to happen. We are continually educating ourselves to stay on top of the real estate market with its forever changes. Be sure to call us toll free 877-858-5003, if you have any questions or we can be of service to you in your home search and purchase or investment!